(c) Support Response Time Target 30 minute Support Response Time Target for Emergency Incidents; and

Transcription

1 Service Level Terms Service Level Agreement Public IaaS Service Level Terms This document (the Public IaaS Service Level Terms ) describes the Service Levels and Service Level Credits applicable to Cisco s Public IaaS. Capitalised terms used but not defined herein have the meanings set forth in the Terms of Use for Cisco IaaS (the Terms ), available at unless otherwise indicated. Cisco may amend these Public IaaS Service Level Terms from time to time by posting the updated version at this URL or otherwise providing notice to Client. For the purpose of these Service Level Terms, Client includes Customer. These Service Level Terms are entered into between Cisco and a Reseller. Each Customer shall enter into a contract, including these Service Level Terms, with the Reseller in order for the Service Level Terms to apply to a Customer. Note: This document, and the Service Levels and Service Level Credits described herein, do not apply to Tech Ops Services. 1. Service Levels 1.1 The following Service Levels apply to Public IaaS (each Service Level and the terms and conditions that apply are described in more detail below): (a) Network Uptime Target 99.99% Network Uptime Target (for the North America, Europe and Australia Geographies)/99.95% Network Uptime Target (for the MEA Geography); (b) Server Uptime Target 99.99% Server Uptime Target (for the North America, Europe and Australia Geographies)/99.95% Server Uptime Target (for the MEA Geography); (c) Support Response Time Target 30 minute Support Response Time Target for Emergency Incidents; and (d) Latency Target <1 ms Latency Target for Latency between Cloud Servers in the same Cloud Network (as both terms are defined in the Public IaaS Service Description, available at Actual performance against the above Service Levels will be measured using Cisco s then-current monitoring tool as implemented by Cisco (the Monitoring Tool ) 1.3 Subject to the Terms and the remainder of this document: (a) Network Uptime Target. For Public IaaS deployments in the North America, Europe, Asia Pacific and Australia Geographies, Cisco intends to provide 99.99% availability of the Cisco Network (as defined below). For Public IaaS deployments in the MEA Geography, Cisco intends to provide 99.95% availability of the Cisco Network. Cisco Network is comprised of the Public IaaS MCP border routers, firewalls, load balancers, and switches in a specific

2 Location. The Cisco Network will be deemed available if the networking components of the Cisco Network are available and responding to the Monitoring Tool. (b) (c) (d) Server Uptime Target. For Public IaaS deployments in the North America, Europe, Asia Pacific and Australia Geographies, Cisco intends to provide 99.99% availability of Client s Cloud Servers. For deployments in the MEA Geography, Cisco intends to provide 99.95% availability of Client s Cloud Servers. This Service Level only covers unavailability of a Cloud Server due to the hardware and hypervisor layers delivering individual Cloud Servers. A Cloud Server will be deemed available for purposes of this Service Level if the virtualization hardware and hypervisor layers delivering individual Cloud Servers are available and responding to the Monitoring Tool. Support Response Time Target. For any Emergency Incident properly reported by Client via the GSC as described in the Terms, Cisco support personnel intend to contact Client regarding such Emergency Incident within thirty (30) minutes from the time the Emergency Incident was initially reported to Cisco. If Cisco reclassifies an Incident from an Emergency Incident to an Other Incident, then the Support Response Time Target Service Level (including this Section 1.3(c)) will not apply to such Incident. Latency Target. Cisco intends to provide a Latency (as defined below) of less than one millisecond (1ms) for the transfer of data packets from one Cloud Server to another Cloud Server within the same Cloud Network. Latency means the amount of time it takes for a packet of data to travel from one point to another. Latency measurements will be determined by the Monitoring Tool. 2. Service Level Credits 2.1 Definitions. Downtime means, with respect to the Network Uptime Target and Server Uptime Target Service Levels, the period of time during which, as applicable: (a) the Cisco Network is not available (as described in Section 1.3(a) above); or (b) a Cloud Server is not available (as described in Section 1.3(b) above). Duration during a particular calendar month means the total duration in minutes of the Downtime, Response Delay or Latency Degradation (as applicable) in such calendar month, calculated in accordance with this Section 2. Latency Degradation means the number of minutes for which the transfer of data packets from one Cloud Server to another Cloud Server within the same Cloud Network is equal to or greater than one millisecond (1ms). Response Delay means, for each Emergency Incident, the number of minutes by which the Response Time for such Emergency Incident exceeds thirty (30) minutes.

3 Response Time means the number of minutes that elapse between the time Client properly reports an Emergency Incident via the GSC as described in the Terms, and the time Cisco support personnel contact Client regarding such Emergency Incident. Service Level Failure means, for a particular Service Level during a particular calendar month, a failure by Cisco to meet such Service Level during such calendar month (excluding any failure comprising or caused by an Excusing Event). Service Level Credit Percentage means, for a particular Service Level Failure, the corresponding percentage set forth in the Service Level Credit Percentage column of the applicable table in Sections 2.3 and 2.4 below. Generally. 2.2 Calculation (a) For the Network Uptime Target, Support Response Time Target and Latency Target Service Levels, where there has been a Service Level Failure during a particular calendar month and where Client is entitled to a Service Level Credit hereunder, the total Service Level Credit will equal: (i) the Service Level Credit Percentage corresponding to the Duration of such Service Level Failure, as set forth in the applicable table below, multiplied by (ii) Client s total Usage for such calendar month for the particular Location in which the Service Level Failure occurred. For the avoidance of doubt, the calculation of such Service Level Credit will not include any other fees, costs or charges incurred or payable by Client or Reseller, including Fees for other Locations within the applicable Geography in which the Service Level Failure(s) occurred or Fees for other Geographies. (b) For the Server Uptime Target, where there has been a Service Level Failure during a particular calendar month and where Client is entitled to a Service Level Credit hereunder, the total Service Level Credit will equal: (i) the Service Level Credit Percentage corresponding to the Duration of such Service Level Failure, as set forth in the applicable table below; multiplied by (ii) Client s total Usage for such calendar month that is attributable to the particular Cloud Server(s) with respect to which the Downtime occurred, as calculated by Cisco based on applicable usage reports. For the avoidance of doubt, the calculation of such Service Level Credit will not include any other fees, costs or charges incurred or payable by Client, including Fees for other Locations within the applicable Geography in which the Service Level Failure(s) occurred, Fees for other Geographies, or Fees for the particular Location that are not attributable to the particular Cloud Server(s) with respect to which the Service Level Failure occurred. (c) If a single event or set of related events results in more than one Service Level Failure, Client will be entitled to receive no more than one (1) Service Level Credit corresponding to such event(s). Without limiting the foregoing, for any Downtime for

4 which Client is entitled to receive Service Level Credits, Client will not be eligible for Service Level Credits for Latency Degradation during or related to such Downtime and no such Latency Degradation will count toward the Duration. Client must have been actively using Public IaaS during a given Service Level Failure to be eligible for a Service Level Credit for that Service Level Failure. (d) Notwithstanding anything to the contrary herein, at no time will the total cumulative Service Level Credits payable for all Service Level Failures that occurred during a particular calendar month in a particular Location exceed twenty five percent (25%) of Client s Usage for such calendar month in such Location. (e) Service Level Credits are Client s and Reseller s sole and exclusive remedy and Cisco s sole and exclusive liability with respect to Cisco s failure to meet the Service Levels, and such failure will not be deemed to be a breach of the Terms or Client s agreement with Cisco. (f) For the avoidance of doubt, all Service Level Credits will be calculated solely as set forth in this Section 2.2 based on the tables set forth in Sections 2.3 and 2.4 below (which have been based on a standardised calendar month for ease of calculation), in lieu of any uptime, availability, latency or response time target values or percentages set forth in Section 1 above. 2.3 Service Level Credit Percentages Geographies Other Than MEA. Total Duration of Downtime for Server Uptime Target Service Level in the applicable calendar month for a particular Location Service Level Credit Percentage 0 4 minutes 0% 4 minutes 60 minutes 2% 121 minutes 240 minutes 10% 481 minutes or more 25% Total Duration of Downtime for Network Uptime Target Service Level in the applicable calendar month for a particular Location Service Level Credit Percentage 0 4 minutes 0% 4 minutes 60 minutes 2%

5 121 minutes 240 minutes 10% 481 minutes or more 25% Total Duration of Latency Degradation in the applicable calendar month for a particular Location Service Level Credit Percentage 0 40 minutes 0% 41 minutes 60 minutes 1% 61 minutes 120 minutes 2% 121 minutes 240 minutes 5% 241 minutes or more 10% Total Duration of Response Delay in the applicable calendar month for a particular Location Service Level Credit Percentage Less than 1 minute 0% 1 30 minutes 2% 31 minutes or more 5% 2.4 Service Level Credit Percentages MEA Geography. Total Duration of Downtime for Server Uptime Target Service Level in the applicable calendar month for a particular Location Service Level Credit Percentage 0 20 minutes 0% 21 minutes 60 minutes 2% 121 minutes 240 minutes 10% 721 minutes or more 25% Total Duration of Downtime for Network Uptime Target Service Level in the applicable calendar month for a particular Location Service Level Credit Percentage 0 20 minutes 0%

6 21 minutes 60 minutes 2% 121 minutes 240 minutes 10% 481 minutes or more 25% Total Duration of Latency Degradation in the applicable calendar month for a particular Location Service Level Credit Percentage 0 40 minutes 0% 41 minutes 60 minutes 1% 61 minutes 120 minutes 2% 121 minutes 240 minutes 5% 241 minutes or more 10% Total Duration of Response Delay in the applicable calendar month for a particular Location Service Level Credit Percentage Less than 1 minute 0% 1 30 minutes 2% 31 minutes or more 5% Measurement. 2.5 Service Level Credits are calculated on a calendar monthly basis, and all Duration measurements are reset at the beginning of each calendar month (i.e., Durations do not roll over to subsequent months). The Monitoring Tool will be the official source for determining whether a Service Level Failure has occurred and for measuring all Service Level Failures and Durations. Service Level Credit Redemption. 2.6 The process for redeeming Service Level Credits for application towards Fees payable is described in Section 12 of the Terms. 3. Excusing Events 3.1 Notwithstanding anything to the contrary herein or in the Terms, no Excusing Event, and no period of failure, delay, downtime, unavailability, latency, service degradation, response delay or similar event or occurrence that is caused by or related to an Excusing Event, will constitute Downtime, Response Delay or Latency Degradation, count against Cisco s performance against any Service Level or constitute a Service Level Failure. For

7 purposes of these Public IaaS Service Level Terms, Excusing Event means any of the following: (a) Client s act or omission or an act or omission of a third party for which Client is responsible, including failure to supply accurate, complete, and timely information when requested; (b) A Force Majeure Event (as defined in Section of the Terms) (c) Routine or emergency maintenance of the Services (as described in Section 7.2 of the Terms), or any other scheduled downtime agreed to by the parties (d) Defects in Third Party Software or Cisco s loss of license rights or restrictions imposed by third party licensors with respect to Third Party Software (e) Unavailability of necessary technology or other resources on commercially reasonable terms (f) Any operating system, database, application or other code or materials not provided by Cisco, including configuration issues in connection with the foregoing (g) Any act or omission of a third party or that is not caused by Cisco (for example, hacking, denial of service attacks and the introduction of viruses), provided that Cisco uses reasonable efforts to maintain current versions of Software patches; and (h) Events of force majeure, including acts of war, god, earthquake, flood, embargo, riot, sabotage, labor dispute (outside of Cisco's own employees), government act, or failure of the Internet. (i) If Cisco is providing Application Operations to Customer: (i) Modifications to hardware, system applications or application code configuration, or code not authorized by Cisco. Changes or modifications to code that contributed to downtime. (ii) Unavailability of Customer's System due to Customer programming, modifications to OS, content, development, staging and/or testing period(s) or acts or omissions of Customer which are not performed in accordance with Cisco's standard change control processes. (iii) If a Customer is using the Microsoft BizSpark products, Cisco will support such product to the best of its ability, but per the program specifications, Microsoft will not support the product, so failure of such product will not be eligible for the SLA. (iv) Unavailability of Customer System caused by failures of third party systems or services that are not under Cisco's control. Customer must be current on all outstanding invoices (as defined in the Terms of Service) to be eligible for the credits referenced in this SLA. No credits will be extended if Reseller is delinquent in its payment of outstanding invoices.